La costruzione giurisprudenziale dell’Unione bancaria tra consolidamento e garanzie: un bilancio a dieci anni

How has the Court of Justice (CJEU) shaped the evolution of the European Banking Union (EBU)? Through a review of the case-law of the CJEU ten years after the entry into force of Reg. 1024/2013, establishing the Single Supervisory Mechanism (SSM), the article identifies three main processes. First, the CJEU has consolidated supranationalism in the SSM, the first pillar of the EBU, interpreting the relationship between the European Central Bank (ECB) and the national competent authorities in a more hierarchical way than the one clearly stemming from the legal framework, as emerges from the Landeskreditbank case. Second, this consolidation has generally been matched by a strengthening of the procedural guarantees for parties involved by the supervisory functions exercised under the SSM, as in the Fininvest and Crédit Agricole cases. Third, while a correspondence between institutional consolidation and safeguards can be traced in the case-law concerning the SSM, such a pattern cannot be identified for the second pillar of the EBU, the Single Resolution Mechanism (SRM): as the Banco Popular cases show, the rights of defense of the parties affected by resolution procedures face significant limitations. The several conflicts emerging in the construction of the EBU, such as the one between technical expertise and political evaluations, make the EBU a laboratory for analyzing the evolutionary trajectory of European integration.